Prescott v. Seacoast Fertilizer Co.

1. “ While a plea of total failure of consideration includes partial failure of consideration, there must be evidence introduced showing the extent to which the consideration has failed, before a verdict can be rendered giving the defendant the benefit of a partial failure.” Grier v. Enterprise Stone Co., 126 Ga. 17 (54 S. E. 806); Consolidated Phosphate Co. v. Sturtevant, 20 Ga. App. 474 (5), 478 (93 S. E. 55); Richardson v. Studebaker Corp., 29 Ga. App. 249 (114 S. E. 648). The same rule applies as to the damages sought to be recouped by the defendant, but which are likewise merely…